XI. OPEN SPACE PLAN

INTRODUCTION

Open space preservation is a central part of Mendham Township’s overall planning strategy to preserve the high quality of the natural environment and the high quality of life in the Township, over the long term. The Township's open spaces are vital to its rural, small community character, valued by its residents as voiced at numerous public hearings and admired by its visitors. These attributes are important not only to the Township’s citizens but also to the region and State as a whole. The purpose of this plan is to:

Explain the importance of open space preservation to the Township’s (and State’s) overall planning goals

• Recommend an overall vision for future open space preservation
• Set specific objectives for open space preservation
• Inventory existing preserved open space and assess future open space needs
• Make recommendations regarding future open space acquisitions

OVERVIEW AND BACKGROUND

Relationship of Open Space Preservation to the Township’s, and State’s, Planning Goals.

The Land Use Plan element has set forth the assumptions, principals, and objectives that should guide future land use in the Township. In particular, it recommends limits on development to meet the overall environmental and planning goals of the Township and of the New Jersey State Development and Redevelopment Plan. These planning goals cannot be met without a broad-based open space preservation program.

All of Mendham Township is designated as Environmentally Sensitive in the State Plan because of the critical water resources located within the Township. These resources are important to the welfare of current and future residents of the Township, region, and State. The Critical Water Resources Study, prepared for the Township Environmental Commission, concludes that future development in the Township must be limited in order to avoid substantial degradation to these critical ground and surface water resources.

The Land Use Plan recommends reasonable changes to the Township’s zone plan to limit development consistent with the findings of the Study. However, zoning changes will only partially meet the recommendations in the Study. As a result, the Land Use Plan also recommends an open space preservation program as a necessary part of the Township’s land use planning. A substantial portion of Mendham Township’s remaining privately owned open space will need to be preserved in order to meet Township and State goals.

In recent years, there has been a heightened public awareness of the need to preserve open space throughout New Jersey. This has been particularly true in Mendham Township where a dramatic increase in land values has promoted the development of land widely considered unsuitable for development. The rapid diminishment of large tracts of such land, much containing features of particular value to the public, has convinced residents that the Township’s natural and historic heritage is vanishing. The public also recognizes the benefit of open space preservation to maintaining property values and reducing the need for expensive improvements to community facilities resulting from increased development. These trends have resulted in substantial support for open space preservation in the Township. This public support has been expressed by the following means:

 

• Approval by Mendham Township residents of an Open Space Trust Referendum in 1993
• Establishment of the Open Space Trust Committee in 1995
• Approval of an open space tax levy in 1995 to fund the "Open Space Trust Fund"
• Approval by Mendham Township residents of a second Open Space Trust Referendum in 1998.
• Approval by Mendham Township residents of a third Open Space Trust Referendum in 2001.
• Public expressions at numerous public meetings and hearings

VISION FOR OPEN SPACE

PRESERVATION IN MENDHAM TOWNSHIP

Mendham Township has substantial areas of preserved open space. They are, however, mostly scattered and isolated from each other, separated by critical, but as yet unprotected, land. The Township's overall vision for open space preservation should be to interconnect these scattered open space areas by means of the acquisition of currently unprotected strategic properties, through purchase or easement, to form greenways. In other words, connecting the currently scattered pattern of open space into a more cohesive, coherent, and linked network of protected recreational, natural, historic, and scenic resources. Mendham Township’s greenway vision is defined as follows:

A linear corridor, or wider area, of permanently preserved public and private land linking parks, natural reserves, and historic sites with each other and with various parts of the Township. Trails often coincide with greenways, but parts of greenways may not permit through public access.

Such a greenway vision will result in an open space pattern that is more supportive of the Township’s overall Master Plan goals. Open spaces will be more usable for recreational purposes such as hiking; but most importantly, they will be more beneficial to natural ecological systems and more effective in retaining the Township’s rural/historic character. The basic structure of the proposed greenway is shown on the following Open Space Map and is intended to augment existing preserves and link them to each other. Realizing this greenway will enhance the quality of life for Township residents and those of neighboring communities by maintaining the Township's character for current and future generations.        

OPEN SPACE PRESERVATION GOALS AND OBJECTIVES

AND THEIR UNDERLYING ASSUMPTIONS

The overall goal of open space preservation in Mendham Township should be to support the overall goals of the Land Use Plan and of the State Development and Redevelopment Plan for Environmentally Sensitive Areas. Open space acquisition can do this by emphasizing the acquisition of land containing or impacting high-quality environmentally sensitive wetlands, steams, and aquifers, natural and forested areas, and by acquiring lands containing features important to the Township’s rural/historic character. The following should be the objectives of open space preservation, together with their underlying assumptions, in Mendham Township:

• Acquisition of open space.

  Properties that address the following objectives should be acquired, as they become available. Acquisition can be by fee simple acquisition, easements or development restrictions depending upon the specific circumstances of the specific property and its anticipated use.

• Linking open space areas.

  Future open space acquisitions should support the greenway vision of this plan wherever possible.

• Ground water protection.

  Over-development degrades the water quality of groundwater aquifers upon which Township residents, and the residents of other communities, rely. Open space acquisition in Mendham Township should seek to limit development consistent with the findings of the Critical Water Resources Study

  and with the objectives of the Conservation Plan element of this Master Plan.

• Surface water protection.

  Development in the headwaters of high-quality streams degrades water quality and is detrimental to trout and other wildlife and to downstream communities that rely on these water resources. These areas should be preserved through open space acquisition wherever possible.

• Critical habitats protection.

  The Township contains substantial areas that are habitats for fragile, rare, and native vegetation and animal life. These areas should be preserved through open space acquisition wherever possible.

• Enhancing passive recreational opportunities.

  The State Development and Redevelopment Plan emphasizes the importance of environmentally sensitive areas to meeting the needs for passive recreational opportunities, such as hiking, nature study, photography, cross-country skiing, and sledding. These areas should be preserved through open space acquisition wherever possible.

• Enhancing active recreational opportunities.

  The Recreation Plan element describes active recreational facilities and objectives in the Township. Future open space acquisition should target areas that might enhance Township recreational opportunities in accordance with the objectives of that Plan.

• Preserving historic features and sites.

  The Historic Preservation element contains a summary of the historic resources in the Township and their historic significance. These areas should be preserved through open space acquisition wherever possible.

• Preserving enjoyable views and scenery.

  Mendham Township is valued by residents and visitors for its enjoyable roadscapes and vistas. These areas should be preserved through open space acquisition wherever possible.

• Maintaining the rural atmosphere and character of the Township.

  The Township’s rural atmosphere and character has been admired by residents and visitors for generations. Areas that contribute to that character should be preserved through open space acquisition wherever possible.

• Flood prevention.

  Development upstream of flood prone areas can increase the frequency and severity of flooding. These areas should be preserved through open space acquisition wherever possible.

• Maintaining land values within the Township.

  For most families in the Township, the value of their home and property is their most important asset. Open space preservation will help to maintain the value of that asset.

INVENTORY OF

PRESERVED OPEN SPACE

Mendham Township has many properties comprising hundreds of acres of open space for many purposes, including passive recreation, historic and natural resource protection, and scenic view-shed protection. Currently, Mendham Township has approximately 7.5% of its total acreage as Township open space (Township owned parklands, natural areas and farmland preservation). In addition, about 21% of Mendham Township is protected as Federal or County parklands, or by private non-profits, (such as the Brookside Community Club). The following parcels of land have been dedicated as open space. Their locations are shown on the map following the Community Facilities Plan entitled Community Facilities, Open Space and Recreation Map.

Block Lot Acres

137 49 4.38 Brookside Beach (Municipal Pond)

107 19, 33, 35 47.62 Ralston Recreation and Natural Area

107 10, 67 68.1 Burnett Brook Natural Area (incl. 11.9 acres in Chester Twp.)

109 35 2.00 Patriots Path (ATT easement)

109 27 0.64 Vacant Land

112 48 0.08 Wills Cemetery (Oak Knoll)

113 4 48.65 Meadowood Park 116 2 0.90 Open Space

116 6 103.5 Seeing Eye (includes 18.5 acres in Randolph Twp.)

116 52 58.04 India Brook Natural Area 116 7, 9.01 207.39 Buttermilk Falls Natural Area

118 9 (total below) Clyde Potts Reservoir

119 13 573.95 Clyde Potts Reservoir

127 19, 20, 71, (total below) Dismal Harmony Natural Area

127 179 146.02 Dismal Harmony Natural Area 130 7.02 45.83 Cold Hill Reserve

131 23 (total below) Patriots Path

137 50 6.33 Patriots Path 137 47 5.48 Open Space 139 30, 51 4.04 Open Space

146 11 73.65 Buck Hill (Dos Passos)

146 4 51.19 Tempe Wick Reserve

Block Lot Acres

149 8 22.00 Jockey Hollow National Park

Block Lot Acres

107 64 3.87 Mount Paul Memorial Park 127 171 198.00 Lewis Morris Park 139 15, 20, 41, 42 50, 52 29.68 Morris County Park Commission 141 34, 35, 37, 38, 39, 40, 41 156.12 Morris County Park Commission 142 29, 63, 66, 68, 70 442.62 Lewis Morris Park

Block Lot Acres

139 1, 3, 9 40.91 Brookside Community Club

149 6, 7 (total below) Girl Scouts of America

148 4 148.38 Girl Scouts of America 108 1 .10 Ralston Historical Society 146 10, 12 16.00 N.J. Conservation Foundation 104 23, 26 298.15 Schiff Nature Preserve 107 44 57.30 Farmland Preservation Program 104.02 18 44.55 Brookrace Homeowners Association 131 51.01 16.08 Pitney Farm Estates Homeowners Association

145.04 42 (total below) Drakewick Homeowners Association

145.02 26 13.40 Drakewick Homeowners Association

Block Lot Acres

118 74 6.80 New Jersey American Water Co. 128 3, 4 1.38 Brookside Community Church 127 21 1.00 Hope Bible Mission 100 17 131.68 Sisters of Saint John the Baptist 104 22 33.00 Community of Saint John the Baptist

142 56 (total below) Mendham Golf and Tennis Club

144 24 164.08 Mendham Golf and Tennis Club Township Owned Open Space Parks and Protected Lands 1,447.79 U.S. Government 22.00 Morris County 830.29 Protected Private and Institutional Open Space 634.87 Other Private and Institutional Open Space 337.94 Total 3,272.89 Percent of Township’s total area 28.6%  

ASSESSMENT OF FUTURE

OPEN SPACE NEEDS

The Open Space Trust Committee has tabulated existing unprotected open space and evaluated each property based on its proximity to preserved land or potential open space, and its environmental, recreational, and historic importance. The properties were then ranked, incorporated into an Open Space Report, and presented to the Township Committee in 2001. The Report provides the Township Committee with a resource for making future open space acquisition decisions. Past efforts in Mendham Township have focused on acquiring available individual land parcels, which has resulted in acquisitions of significant open space and associated benefits. The next stage of open space acquisition should be directed toward achieving the strategic objective of protecting land that will result in larger, contiguous areas of open space and connected greenways. The benefits of such a connected open space arrangement are:

 

• The creation of areas more beneficial to ecological systems and wildlife habitats.
• Areas more usable for human recreational activities.
• An open space pattern that is more attractive and supportive of residents’ goals to preserve the Township’s character.

While individual parcels of unusually high merit should still be protected, the longer-term emphasis should be to protect, by acquisition or other means, key properties that support the overall greenway vision, rather than disconnected, individual properties. A map-based vision for this greenway is shown on the attached Open Space Map. This is a schematic vision of open space preservation, rather than a boundary line. It shows preserved open space, linked by high-priority unprotected open space that should be protected through acquisition or conservation easements. The map also shows greenway "connectors" and "enhancements." "Connectors" are generally linear corridors (roads and streams) of significant natural, historic, or scenic quality. "Enhancements" are mainly clusters of natural resources in the backlands of Mendham Township residents' properties. The Township should encourage the protection of these enhancement areas by educating the landowners, by encouraging multiple-landowner management agreements, or by accepting conservation easement donations, depending on landowner interest and willingness. Together, these three elements (open space, connectors, and enhancements) set forth a vision that will nourish and preserve the Township’s character and its many resources.  

FUNDING FOR

OPEN SPACE PRESERVATION

Numerous sources of funding are available for open space acquisition in Mendham Township. However, since the costs of fee-simple purchases of land can be prohibitive or take time to arrange, alternative means of open space preservation should also be considered as an integral part of this program. Alternatives include obtaining conservation easements, the purchase of development rights, and facilitation of open space acquisitions undertaken by private/third-party nonprofit groups that meet the goals of this plan.

Sources of Open Space funding include:

The Green Acres Program funds local land protection projects, either by providing low interest loans or a grant in connection with a "match" of local money. The source of funds for the local match may be generated through outright appropriations from the municipal budget, Municipal or County Open Space Trust Funds, bargain sales from landowners, or other sources.

In recent years, the County of Morris and numerous communities in the region have determined that it is in the public interest to set aside dedicated funds for the acquisition of permanent open space. In November 1993, Mendham Township voters approved a referendum establishing an Open Space Trust Fund to finance the acquisition of land and easements for the preservation of open space within the Township. Funds are raised through a dedicated tax on real property at the rate of $.04/$100 assessed property valuation. Property owners are also presently (2002) taxed $.03/$100 for the Morris County Open Space Trust Fund which provides funds for acquisitions of open space by the County. The Township and County should consider increasing their respective taxes so that we can leverage additional dollars from other sources. Additionally, the Township should investigate progressive financing options to fully leverage its Open Space Trust Fund.

The Farmland Preservation program funds farmland preservation projects by 1) acquiring farms, purchasing development rights, or securing easements on farms directly from landowners 2) funding farm or easement acquisition through the County Agriculture Development Board (CADB) 3) providing Planning Incentive Grants to counties or municipalities that are proactively planning farmland preservation areas and reaching out to landowners or 4) through a 50% matching grants program to nonprofits that acquire farms or easement on farms.

This is Federal funding earmarked for New Jersey that is being distributed through the Green Acres program.

One of the largest funders of preservation projects is landowners. Landowners are often willing to give bargain sales or donations of land, conservation easements, or life estates to nonprofits and governments, and in so doing can reap income, inheritance, and capital gains tax benefits. Such contributions by landowners can also satisfy Mendham Township's matching requirement when using public funds such as county or state dollars. Landowner contributions can also be used by nonprofits working in partnership with the Township, which need to match public dollars at a 1:1 ratio. The Township can suggest that landowners investigate financial instruments like charitable remainder trusts, annuities and life insurance policies to make a preservation deal as lucrative as sales for development. Another seldom used tool is the tax-free exchange - the Township can exchange land appropriate for development with land that is a preservation target, allowing the landowner to reduce capital gains tax.  

FUTURE OPEN SPACE

ACQUISITIONS RECOMMENDATIONS

Mendham Township should increase its open space preservation activities in order to support the Township’s, and State’s, overall planning goals for environmentally sensitive areas. That goal is to limit development in accordance with the capacity of natural systems to accommodate development without substantial degradation of those systems. The Township and County Open Space Trust Funds should be increased, diverse funding sources should be pursued, residents should be educated on open space issues and opportunities (including donations of land and money), and an intensive landowner outreach program should be implemented. Mendham Township should continue to implement a multi-faceted preservation strategy that includes preserving greenway components through:

 

• Fee-simple acquisition
• Life estates
• Rights of first refusal
• Conservation easements
• Historic easements
• Historic district designation
• Deed restrictions
• Management agreements
• Pathway easements
• Alternate zoning techniques that preserve large open space areas

The Appendix at the end of this Master Plan contains a list of properties that are recommended for acquisition. They should be reserved in accordance with C.40:55D-44.  

OUTREACH PROGRAM

The Mendham Township Open Space Trust Committee is both a central resource and an advocate of open space preservation in the Township. It supports an active outreach or awareness program aimed at helping residents, and particularly property owners, to understand the nature and benefits of the open space program. The outreach program should also be used to encourage additional land donations and monetary contributions for land protection through the following means.

 

• General town-wide mailings
• Personal meetings, in cases where Township representatives have personal relationships with

landowners of high priority properties

• Targeted mailings to landowners of priority parcels
• Workshops and social gatherings for landowners interested in preserving their land

LANDS RECOMMENDED TO BE RESERVED

FOR OPEN SPACE PURPOSES

In order to fulfill the goals of this plan element, the reservation of property for open space purposes must be a major part of the Township’s overall planning strategy. Depending upon the specific circumstances of the specific property and its anticipated use, reservation may be by fee simple acquisition, easements, or development restrictions. The Appendix at the end of this Master Plan contains a list of properties that are recommended to be reserved for open space purposes. They should be reserved in accordance with C.40:55D-44.